Should I argue that a will is invalid?

On Behalf of | Aug 3, 2018 | Estate Administration & Probate |

When a person makes a will during his or her lifetime, it will be used after his or her death in the probate process. However, as a loved one dealing with the administration of the estate, you may come to believe that the will does not reflect your loved one’s final wishes, and you may be upset about the inaccuracies that it portrays.

While the vast majority of wills goes through the probate process unchallenged, it is possible to successfully challenge a will; however, there must be a good reason for doing so, and only those who are set to benefit from the will as it stands will be able to challenge it. In order to be successful in this pursuit, it must be shown that the will was invalid in some way.

Why might a will be invalid?

If a will was forged or victim to fraud or undue influence, it can be proven to be invalid. For example, if another person forced the will maker to write them into the will, this can be a legitimate reason to challenge a will.

Additionally, if you believe that another will was written and the one being used is therefore outdated, this should also be addressed by challenging the will. In general, the most recent version of a will is the only one that is valid.

A will can also be invalid if there was not a sufficient amount of witnesses present. There are many reasons why a will might be invalid; therefore, if you believe that your loved one’s will is invalid, it is important to take action.


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